Can my wife get spousal maintenance from me?
Yes, the wife can get maintenance from the husband in the case of a divorce.
The court has the discretion to order the husband to pay the wife maintenance under Section 113 of the Women’s Charter. The court can make the order for maintenance during the court of any matrimonial proceedings or after the granting of a divorce, a judicial separation, or nullity of marriage.
In assessing how much maintenance the husband has to provide the wife, the court will take into account all circumstances of a divorce case. The main factors considered are as follows:
The financial needs of the wife.
The husband’s ability to provide maintenance.
The likelihood of the wife getting married again after the divorce.
Any agreement previously executed by the husband and the wife in anticipation of the divorce, like a Deed of Separation.
